January 27
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Trajan Shipley
26th November 2021
Employment & Immigration Human Rights Justice & Litigation

AG Richard de la Tour advises Court on conditions of detention in prison accommodation of third-country nationals

Advocate General Richard de la Tour delivered his Opinion in Landkreis Gifhorn (C-519/20), advising the Court to rule that Article 18(1) of Procedures Directive 2008/115 precludes national legislation allowing, for a period of three years, for the detention in prison accommodation of third country-nationals awaiting removal in the absence of emergency situations.

In the present case, the referring court asks the Court to clarify the conditions under which a Member State may rely on the existence of an ‘emergency situation’, within the meaning of Article 18(1) of the Directive, in order to place third-country nationals awaiting removal in prison detention. It also seeks the Court to determine what powers the judicial authority resp


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